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U.S. v. BURGIN

No. 03-3577.

388 F.3d 177 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Danny BURGIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 3, 2004.

Attorney(s) appearing for the Case

ARGUED: Jason M. Cohen, Keating, Muething & Klekamp, Cincinnati, OH, for Appellant. Amul R. Thapar, United States Attorney, Cincinnati, OH, for Appellee.

ON BRIEF: Jason M. Cohen, Keating, Muething & Klekamp, Cincinnati, OH, for Appellant. Amul R. Thapar, United States Attorney, Cincinnati, OH, for Appellee.

Before: KRUPANSKY and COLE, Circuit Judges; COOK, District Judge.

OPINION

COOK, District Judge.

The Appellant, Danny Burgin, appeals the conviction and sentence that were imposed upon him following the entry of his plea of guilt to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and violating 18 U.S.C. § 924(e), the Armed Career Criminal Act (ACCA). A violation of § 922(g)(1) carries a statutory maximum sentence of ten years. However, he was sentenced by the district court...

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